1 | | - | By: Huberty, Hunter (Senate Sponsor - Creighton) H.B. No. 3150 |
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2 | | - | (In the Senate - Received from the House May 11, 2015; |
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3 | | - | May 11, 2015, read first time and referred to Committee on Natural |
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4 | | - | Resources and Economic Development; May 18, 2015, rereferred to |
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5 | | - | Committee on Business and Commerce; May 24, 2015, reported |
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6 | | - | favorably by the following vote: Yeas 7, Nays 1; May 24, 2015, sent |
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7 | | - | to printer.) |
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| 1 | + | H.B. No. 3150 |
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11 | 4 | | AN ACT |
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12 | 5 | | relating to the calculation of taxable wages paid by a professional |
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13 | 6 | | employer organization for purposes of the Texas Unemployment |
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14 | 7 | | Compensation Act. |
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15 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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16 | 9 | | SECTION 1. Section 91.044, Labor Code, is amended by |
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17 | 10 | | amending Subsection (a) and adding Subsections (a-1) and (a-2) to |
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18 | 11 | | read as follows: |
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19 | 12 | | (a) A license holder is the employer of a covered employee |
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20 | 13 | | for purposes of Subtitle A, Title 4, and, except for wages subject |
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21 | 14 | | to Section 91.032(c), for purposes of Chapter 61. |
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22 | 15 | | (a-1) A license holder may, in a calendar year during which |
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23 | 16 | | an employee becomes a covered employee of the license holder, apply |
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24 | 17 | | toward the maximum amount of taxable wages established in Section |
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25 | 18 | | 201.082(1) any wages paid to the employee in that calendar year by: |
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26 | 19 | | (1) the client; or |
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27 | 20 | | (2) another license holder under a prior professional |
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28 | 21 | | employer services agreement with that client. |
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29 | 22 | | (a-2) In addition to any other reports required to be filed |
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30 | 23 | | by law, a license holder shall report quarterly to the Texas |
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31 | 24 | | Workforce Commission on a form prescribed by the Texas Workforce |
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32 | 25 | | Commission the name, address, telephone number, federal income tax |
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33 | 26 | | identification number, and classification code according to the |
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34 | 27 | | North American Industry Classification System [as described in the |
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35 | 28 | | "Standard Industrial Classification Manual" published by the |
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36 | 29 | | United States Office of Management and Budget] of each client. |
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37 | 30 | | SECTION 2. Section 201.101, Labor Code, is amended to read |
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38 | 31 | | as follows: |
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39 | 32 | | Sec. 201.101. CONFORMITY WITH FEDERAL STATUTES. If the |
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40 | 33 | | United States secretary of labor holds that Section 91.044(a-1) or |
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41 | 34 | | a provision of this subtitle does not conform with a federal |
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42 | 35 | | statute, the commission may administer Section 91.044(a-1) or this |
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43 | 36 | | subtitle, as applicable, to conform with the federal statute until |
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44 | 37 | | the legislature meets in its next session and has an opportunity to |
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45 | 38 | | amend the applicable law [this subtitle]. |
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46 | 39 | | SECTION 3. The change in law made by this Act applies only |
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47 | 40 | | to contributions and withholdings required under Subtitle A, Title |
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48 | 41 | | 4, Labor Code, due for employment services rendered on or after |
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49 | 42 | | January 1, 2016. |
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50 | 43 | | SECTION 4. This Act takes effect September 1, 2015. |
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51 | | - | * * * * * |
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| 44 | + | ______________________________ ______________________________ |
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| 45 | + | President of the Senate Speaker of the House |
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| 46 | + | I certify that H.B. No. 3150 was passed by the House on May 7, |
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| 47 | + | 2015, by the following vote: Yeas 143, Nays 0, 2 present, not |
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| 48 | + | voting. |
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| 49 | + | ______________________________ |
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| 50 | + | Chief Clerk of the House |
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| 51 | + | I certify that H.B. No. 3150 was passed by the Senate on May |
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| 52 | + | 25, 2015, by the following vote: Yeas 27, Nays 4. |
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| 53 | + | ______________________________ |
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| 54 | + | Secretary of the Senate |
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| 55 | + | APPROVED: _____________________ |
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| 56 | + | Date |
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| 57 | + | _____________________ |
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| 58 | + | Governor |
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